Double Jeopardy Bars
Prosecution for Same
Conduct
State v. Colon 373 NJ
Super. ___
(App. Div. 2005)
This opinion addresses the recurrent issues that arise from the application of constitutional,
statutory and equitable double jeopardy principles when a municipal court prosecution has
resulted in pleas of guilty while an indictment arising from the same series of events is
pending. In particular, it focuses on the effect of massive deficiencies in the municipal court
proceedings on a subsequent double jeopardy claim, on the potential for continued use by the
New Jersey Supreme Court of "same conduct" test in determining double jeopardy under state
constitutional principle, and on the burden of proving that the same evidence supports both

convictions in circumstances in which the factual basis for the pleas in municipal court is
unstated.

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Double Jeopardy Bars Prosecution for Same Conduct

Published on Jul 11, 2012

This opinion addresses the recurrent issues that arise from the application of constitutional, statutory and equitable double jeopardy princ...